Nationally, kids with disabilities face off-the-books school suspensions, advocates say

It has special implications for kids with disabilities: Informally removing these students circumvents federal law that protects them from being disciplined or barred from class for behaviors related to their disability.

Informal removals can happen through frequent parent pickups, shortened school days or hours spent in “time-out” rooms. Students of color with a disability appear to be disproportionately affected based on anecdotal reports to the network from disability rights advocates around the country. Federal law protects disabled students from being repeatedly disciplined or removed from school for behaviors related to their disability. If they are suspended for more than 10 days, families are entitled to a meeting with the school to determine whether the behaviors are a result of the child’s disability. If they are, then the school must offer adjustments instead of suspension.

One day last spring, she received three phone calls in rapid succession, telling her to immediately pick up Cassie from Kenneth J. Carberry Elementary School in Emmett, Idaho. When she arrived, her daughter was sitting quietly in the school’s resource room eating a snack. She says a school staff member told her that Cassie was refusing to do her work and needed to go home.

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